Testing Engineers NPSA April 2025

Home

Non-Professional Services Agreement between 04/22/2025 City of San Leandro and Testing Engineers, Inc for Material Testing Services Page 1 of 19 NON-PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN LEANDRO AND TESTING ENGINEERS FOR MATERIAL TESTING SERVICES THIS AGREEMENT for consulting services (“Agreement”) is made by and between the City of San Leandro (“City”) and Testing Engineers, Inc (“Contractor”) (together sometimes referred to as the “Parties”) as of ______________________, 2025 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in the Scope of Work attached as Exhibit A, incorporated herein by this reference, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 31, 2026, the date of completion specified in Exhibit A, and Contractor shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Contractor to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. 1.2 Standard of Performance. Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged and in the geographical area in which Contractor practices its profession. Contractor shall prepare all work products required by this Agreement to the standards of quality normally observed by a person practicing in Contractor’s profession. 1.3 Assignment of Personnel. Contractor shall assign only competent personnel consistent with Section 1.2 to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Contractor shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Subsection 1.2 above and to satisfy Contractor’s obligations hereunder. 1.5 Public Works Requirements. Because the services described in Exhibit A include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Contractor is required to comply with the provisions of the California Labor Code applicable to public works, to the extent set forth in Exhibit C and incorporated herein. Docusign Envelope ID: E7CF9CF1-2442-44FC-9013-A25B10672CF2 May 12, 2025 | 9:41:22 AM PDT